ORIENTAL INSURANCE CO. LTD. Vs. AMARJEET SINGH

JUDGEMENT

(1.) BARKAT Ali Zaidi, 1. This appeal has been filed by appellant/OP in complaint case No.243/2011 pending before District Forum -II to set aside orders dated 03.01.2012 and 15.05.2012, by which the Forum ordered to proceed ex -parte against the OP, and rejected his application for setting aside ex -parte order, on the ground that they have no jurisdiction to pass any such order.

(2.) THAT is what brings the appellant in appeal before this Commission.

(3.) IT has been the consistent judicial policy, to adopt an attitude for lenience, in dealing with the such applications, because the purpose of law is fulfilled, only when both the parties are heard and the case is decided on merits. The appellant has said that his counsel Sh. A.K. Soni was lying ill and could not therefore appear before the District Forum on 03.01.2012 fixed before the Forum, and the proceedings were declared ex -parte against him. It would be appropriate to treat the version of the appellant as genuine, and we therefore allow the appeal and set aside the two orders in question with the direction to the Forum that they will take on record the written version of the appellant/OP, which he will file on 10.07.2012, slated in the complaint case, before District Forum, subject to payment of costs of Rs.500/ - by the appellant to the complainant.